HomeMy WebLinkAboutPublic Hearing #1 7-6-87 ~ NO. 1
DATE: ,JUNE 30, 1987
TO:
FROM:
SUBJECT:.
WILLIAM A. IIUSTON, CITY MANAGER
PUBLIC WORKS DEPARTMENT, ENGINEERING DIVISION
CONTINUED PUBLIC HEARING, TUSTIN LANDSCAPE AND LIGHTING DISTRICT
RECOMMENDATION:
For the City Council Meeting of July 6, 1987. It is recommended that the City
Council take the following actions:
1. Open the continued public hearing and take testimony of property owners
and citizens.
2. Approve the revised Engineer's Report dated June 1987.
3. Adopt resolution ordering annexation of additional territory to the
district and confirming levy of annual assessments for the 1987-88 fiscal year.
BACKGROUND:
At their June)5 meeting the City Council directed that a revised Engineer's Report
be prepared based on two factors. One was to remove from annexation the Irvine
Company land north of Irvine Boulevard and the other was to give consideration to
using a lower assessment unit for high density residential, i.e. condominimums and
apartments, than that used for single family detached homes.
Analysis of densities in the four initial residential developments of East Tustin
showed detached single family housing at 7.37 dwelling units per acre and multiple
housing at 12.70 dwelling units per acre so the density ratio is 58%. It is
recommended however, that the relationship for assessment purposes be set at 75%
for the higher density units as the density ratio may vary considerably as future
developments occur.
The revised assessment figures based on the discounted approach, high density
units at 0.75 of a single family detached unit rate, are shown below plus the
incidental expense of $12.64 per acre.
Alternate "A"
Per SF Per Condo Per Acre
Detached Home or Apt Unit Commercial
Lighting Maintenance $12.81
Landscape Maintenance $78.95
$ 9.61 $76.86
$59.21 N/A
If condominimums and apartments are assessed at the same rate as single family
detached, the assessments would be as shown below plus the incidental expense
amount of $12.64 per acre.
Alternate "B"
Per SF Per Condo Per Acre
Detached Home or Apt Unit Commercial
$12.20 $73.17
$64.23 N/A
Lighting Maintenance $12.20
Landscape Maintenance $64.23
Those areas within the district not yet served by street lights would be assessed
incidental expense only. This is at the same rate as all other parcels, $12.64
per acre.
A resolution has been prepared to accomplish the annexation and to confirm the
assessments based on the revised Engineer's Report. These assessments are as
shown above in Alternate "A". If Council decides to go with Alternate "B" the
resolution will need a slight modification.
Ronald E. Wolfor~'
Engineering Serfices Manager
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RESOLUTION NO. 87-78
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
ORANGE COUNTY, CALIFORNIA, ORDERING THE ANNEXATION OF
ADDITIONAL TERRITORY TO AN EXISTING DISTRICT AND CONFIRMING
THE ANNUAL 1987-88 FISCAL YEAR LEVY OF ASSESSMENT FOR THE
IMPROVEMENT, MAINTENANCE AND SERVICING OF PUBLIC LIGHTING
FACILITIES WITHIN THE BOUNDARIES OF THE TERRITORY INCLUDED
IN THE ~USTIN LANDSCAPE AND LIGHTING DISTRICT
WHEREAS, the City Council of the City of Tustin, California (hereinafter
referred to as "City Council"), has adopted Resolution No. 86-74 initiating
proceedings for the annual levy of assessments for the payment of the expenses
of providing and servicing public lighting within the Tustin Landscape and
Lighting District and to annex certain additional terri.tory to the existing
district; and
WHEREAS, the City Engineer has prepared and filed with the City Clerk his
report (the "Report") containing the matters specified in Section 22567 of
Part 2 of Division 15 of the Streets and Highways Code of California
hereinafter referred to as "the Code"; and
WHEREAS, the City Council has approved the Report as filed by adoption
Resolution No. 87-57 on May 18, 1987; and
WHEREAS, the City Council' heretofore by Resolution of Intention No. 87-56
adopted on May 18, 1987, declared its intention to order the annexation of
additional territory to an existing district and to provide for an annual lev,
of assessment for improvement, maintenance and servicing of public lighting
facilities within the boundaries of the territory included within the Tustin
Landscape and Lighting District, as more fully described in said Resolution o
Intention; and
WHEREAS, the City Council, in and by said Resolution of Intention No.
87-58, as amended by Resolution No. 87-62, fixed June 15, 1987, at 7:00 P.M.
before the City Council in the Council Chambers at 300 Centennial Way, Tustin,
California, as the time and place for a hearing on the annexation of
additional territory to an existing district and on levying the proposed
assessment, and provided for the notice of said hearing; and
WHEREAS, the City Clerk has filed with the City Council an affidavii
setting forth the time and manner of compliance with the requirements for
posting and mailing set forth in Sections 22552, 22553.and 22554 of the Code;
and the City Council hereby finds the Resolution has been posted in the time,
form and manner required by law; and
WHEREAS, said hearing was duly opened and held by the City Council at th~
time and place for the hearing; and
WHEREAS, a written request was delivered to the City Clerk prior to the
conclusion of the hearing by The Irvine Company who-requested that their land:
north of Irvine Boulevard not. be annexed at this time due to a change in thei~
schedule for development; and
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WHEREAS, said City Council agreed to the request of The Irvine Company
for a delay in annexation of those lands north of Irvine Boulevard; and
WHEREAS, said City Council further requested staff to consider
assessments at a lower rate for high density residential developments when
revising the Engineer's Report; and
WHEREAS, any verbal protests or objections made by property owners at the
hearing conducted June 15, 1987 and July 6, 1987 were formally received and
reflected in the City Council minutes of said meetings; and
WHEREAS, said City Council proceeded to hear and pass upon any protests,
made at the hearing, and on motions duly made and seconded, granted in whole
or in part or overruled each and all of said protests and objections, as
hereinafter set forth; and
WHEREAS, said City Council hereby finds and determines that protests and
objections were not made or signed by the owners of more than one-half of the
area of the assessable land in said assessment district; and
WHEREAS, the public interest and convenience require the maintenance,
servicing and operation of those certain public landscaping and lighting
facilities within said assessment district; and
WHEREAS, all the territory within said assessment district will be
benefitted by the improvements described in the Resolution of Intention.
NOW, THEREFORE, the City Council of the City of Tustin resolves as
follows;
SECTION 1: The foregoing recitals are true and correct and the City
Council so finds and determines. All said protests and objections are hereby
overruled by the affirmative vote of the members of the City Council voting in
favor of the adoption of this Resolution.
SECTION 2: The revised Engineer's RePort dated June 1987 is hereby
approved.
SECTION 3: The annexation of additional territory to the Tustin
Landscape and Lighting District is hereby ordered and the improvements
consisting of the maintenance, servicing and operation of public landscaping
mnd street lighting in said assessment district, as set forth in the Report, a
copy of which is on file in the office of the City Clerk, are ordered to be
undertaken. The exterior boundaries of said district generally encompass all
of the territory bounded by the Santa Aha Freeway on the south, Jamboree Road
on the east, Irvine Boulevard on the north, and Browning Avenue on the west,
and all additional areas outlined in the Report.
SECTION 4: The assessments for fiscal year 1987-88, as set forth in the
Report, copies of which are on file in the office of the City Clerk are hereby
confirmed.
SECTION 5: Passage of this Resolution shall constitute a levy of an
assessment for the fiscal year referred to in the assessment confirmed
herein.
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SECTION 6: Pursuant to law, including Article I of Chapter 4 of Part 2
of Division 15 of the Code, the City Clerk shall file a certified copy of this
Resolution and the diagram and the assessment.confirmed by this Resolution, or
a certified copy therefore, with the County Auditor of the County of Orange.
PASSED AND ADOPTED by the City Council of the City of Tustin at a regular
meeting held on the 6th day of-July, lg87.
May o r
ATTEST:
City Clerk